1. What should I do if I encounter malicious registration by a trademark agency? If you encounter malicious squatting by a trademark agency, you can remedy it through the following ways: 1. If the registered trademark is in the preliminary review and announcement period, you can file an objection with the Trademark Office. 2. If the registered trademark has been approved for registration, you can apply to the Trademark Review and Adjudication Board for cancellation within five years after the trademark registration; if the registered trademark is a well-known trademark, there is no time limit for filing a cancellation application. 3. If the preemptively registered trademark has not been used for a long time after registration, a cancellation application can be filed with the Trademark Office on the grounds of "stopping use for three consecutive years." 4. Re-register the trademark. The trademark cannot be similar to the original trademark. As for the popularity of the trademark, you don’t have to worry about it. As long as the product quality is good and you pay attention to publicity and promotion, you can still achieve good sales. A trademark does not necessarily have to correspond to a business name. Related knowledge: The so-called "malicious registration" is just a popular name for people. According to the current provisions of Article 31 of the "Trademark Law", "you must not use unfair means to preemptively register a trademark that has been used by others and has a certain influence." Therefore, "malicious registration" means that the applicant uses unreasonable or illegal methods to apply to the Trademark Office for registration of a trademark that has been used by others but has not yet been registered. The elements that constitute "malicious registration" are as follows: (1) The applicant seeks unfair benefits, which is a subjective element. The applicant applies for a trademark that has been used by others as his own. This is a subjective element. This behavior itself has already misappropriated the fruits of others' labor. If the registration is successful, it is tantamount to stealing in a legal way. What is even more serious is that once the registration is successful, the "malicious squatter" applicant will use his right to occupy the registered trademark to prohibit others from using the trademark that originally belonged to him or use his right to dispose of the registered trademark. Transfer or license the use of the trademark at a high price. If these purposes cannot be achieved, an infringement lawsuit will be filed or reported to the industrial and commercial administration and demanded compensation. The practical question is, how to determine the establishment of this subjective requirement? It is impossible for us to penetrate deeply into the inner world of the applicant to understand whether their subjective desire is for improper interests. We can only analyze his essence through phenomena. What phenomena can be analyzed? First, it depends on whether he uses it himself after successful registration, that is, on his own products. Whether this product is the same or similar to the product of the person who was squatted; second, whether it is a response to the squatted person's product. transfer or license the use of the trademark at a high price; third, whether to directly accuse the person of infringement and make a claim for compensation. Through the analysis of these aspects, if the "squatting" applicant registers a trademark not mainly for his own use, or even does not own a product, and then transfers it at a high price or makes a compensation request to the person who was squatted, we can accurately determine his subjective purpose , just to seek improper benefits. (2) The applicant has adopted unfair means. This is the behavioral element. Unfair means means that the trademark registration applicant has untruthfully filled in the trademark registration application and related materials provided in an unreasonable or illegal manner. related matters, but for the Trademark Office of the State Administration for Industry and Commerce, it is impossible to review the authenticity of the application and related materials. Therefore, the determination of unfair means can only be made during the opposition procedure or in the subsequent procedure in which the registered person applies to cancel the trademark, and the person who has been registered can only provide evidence to prove that the applicant has used unfair means. What are unfair means? 1. The applicant takes advantage of the relationship with others. Small and medium-sized enterprises are most likely to be targeted. Because when small and medium-sized enterprises launch their products to the market, they often do not register trademarks first and then launch the products. Rather, they register trademarks only after their products have a certain impact. 2. Leverage the background of having worked with others. As collaborators, they are most aware of the use of the trademark of the person being squatted. Some secretly registered the collaborator's trademark as their own during the cooperation period, while others transferred the collaborator's trademark to their own after the cooperation ended. Trademark registration first. 3. Other people in the same area who know the inside story. Take advantage of their different conditions and their own advantages, such as managers, legal advisors, reporters, trademark agents, etc., to learn about the operator's trademark use during news interviews or management work, and to foresee squatting Register first to benefit from the benefits brought by the trademark.

The most common difference among the above-mentioned unfair methods is that they plagiarize others' trademarks that have been used but have not yet applied for registration in the future. They do not condense their own wisdom and creativity into the trademarks they apply for registration. They essentially use Using legal means to cover up illegal or unreasonable nature as a means of deception violates the principle of "good faith". (3) Successful registration, which is an objective or factual requirement. Only successful registration will eventually lead to "malicious registration". If during the opposition procedure, the person who has been registered by squatting finds that his trademark has been applied for by someone else, he can file an objection, resulting in an unsuccessful registration. Of course, there is no "malicious registration". In fact, in practice, a large number of operators do not know that their trademark has been applied for registration by others. Even though there is a three-month announcement period in the procedure, not all operators can see this announcement in time, and it is often not until After the squatter successfully registers, the person who was registered will know that the trademark that originally belonged to him has been registered by someone else. To establish this requirement, at least the following factors must be considered: 1. Whether the registered trademark is a trademark with certain influence. Normally, no one will rush to register a trademark that has no impact. “Having a certain influence” refers to a distinctive mark recognized by a certain group of people in a certain region. In fact, once goods or services are put on the market, due to the role of advertising and the process of transactions, the influence of trademarks has begun to occur in the minds of the public, and its influence has reached a "certain" level, such as a certain geographical scope and a certain group of people. scope. How to determine "has a certain impact"? The author believes that a comprehensive inspection can be carried out from the aspects of advertising of the product, product sales, market share, consumer awareness and geographical radiation. 2. Whether it is a trademark that has been used and is currently being used. A trademark that has been squatted should be considered as a trademark that has been used and is being used by the person who has been squatted, that is, the continuous use of the trademark is emphasized. If the trademark that has been used by the person who has been squatted stops using it halfway, and someone else applies for registration, it will not be used. It should be considered as "squatting". A simple way to measure whether a trademark is continuously used is to see whether its products are continuously put on the market. Of course, if the use of the trademark is later than the registration by the squatter, there is no issue of preemptive registration. This time point shall be based on the date when the applicant submits the application to the Trademark Office. To sum up, the trademark image involved and promoted by market companies or other for-profit organizations is one of their legal properties. However, some similar businesses in the same industry may find an agency to register it after discovering that the other party has not registered it. At this time, if the actual owner of the trademark can provide evidence to prove that it was a malicious registration, he can ask the other party for compensation or exchange the trademark.